1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIEL ESSER, Case No. 21-cv-03440-JST

8 Plaintiff, ORDER TO SHOW CAUSE RE DISMISSAL v. 9

10 DON MCINTYRE, M.D., et al., Defendants. 11

12 13 The parties were to submit updated case management statements by July 5, 2023 and to 14 appear at a case management conference on July 11, 2023. ECF No. 62. Plaintiff Daniel Esser 15 did not submit a case management conference statement and did not appear as ordered on July 11, 16 2023. See ECF No. 63. 17 It appears to the Court that Plaintiff no longer wishes to prosecute this case. Plaintiff is 18 therefore ordered to show cause why the Court should not dismiss the case pursuant to Rule 19 41(b) of the Federal Rules of Civil Procedure, which provides:

20 If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any 21 claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this 22 rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the 23 merits.

24 Fed. R. Civ. P. 41(b). Although not stated explicitly in the text of the rule, Rule 41(b) permits the 25 Court to dismiss a case on its own motion. Link v. Wabash R. Co.,

(1962). 26 The Court will conduct an order to show cause hearing on September 26, 2023 at 2:00 p.m. 27 At that time, Plaintiff must inform the Court whether he wishes to continue to prosecute this case 1 and explain why he did not appear at the July 11, 2023 case management conference and did not 2 || file a case management statement. If Plaintiff fails to appear, the Court will dismiss the case with 3 prejudice. 4 IT IS SO ORDERED.

5 Dated: August 29, 2023 6 JON S. TIGA 7 United States District Judge 8 9 10 11 12

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